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Which is safer for a company: Company Constitution or Replacement Rules?

Company Constitution vs Replaceable Rules? Which is better. Either can govern your company. Your company must have a set of rules. The rules are either in: a Constitution – document that you get when you build your Company; or failing that Replacement Rules – which are set out in the […]

Reversionary Pension to love child

Muriel’s husband died a few years ago. At 54 she fell in love again and was the oldest mother in her city. She called her love child Colin. Her two oldest children, Ian and Brian, are successful engineers. Muriel’s assets are all in her Self-Managed Super Fund. As the sole director […]

Independent Contractor Agreement – the additional 6 common law duties

Independent Contractor Agreement – the additional 6 common law duties The duties of a contractor are set out in the Independent Contractor Agreement you are building. In addition to this, a number of general duties arise under the common law. We protect the Principal. We preserve these common law duties. […]

Why doesn’t your Employment Contract allow for specific Awards?

QUESTION: I am building an Employment Contract for my employee. She’s been with me for 6-years (hence the anxiety). I notice there’s no reference to the Award provisions under which she is employed. Does your Employment Contract override the Award provisions? Should not your contract compliment them? Where do specific employment […]

Tax by Stealth

Tax by stealth – the shameful growth of the Australian tax system The Australian tax system has changed significantly since the end of the 19th century. The six colonies raised the bulk of their tax revenue from selective customs and excise duties. The original design of the tax systems of […]

Court rewrites Will to save tax

Court rewrites Will to save tax Question: Our client is threatened by divorce. His dying dad is leaving everything to him. His dad has Alzheimer’s disease. Can we use a Power of Attorney to rewrite the Will or can we get the Court to alter the Will as per the Matsis Case? […]